Proffitt v. Henderson
Supreme Court of Missouri
Appeal from Randolph Circuit Court. This was an action by two of the children of David Prof-fitt, deceased, against John H. Henderson.
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Appeal from Randolph Circuit Court. This was an action by two of the children of David Prof-fitt, deceased, against John H. Henderson. Plaintiffs alleges in their petition that David Proffitt at his death was seized of a certain tract of two hundred acres; that by his last will he devised said land to his widow Mary Proffitt for life, and at her death to his children John, Lucy, Elizabeth and Susan; that said Mary Proffitt, the widow, conveyed her interest in said land to defendant Henderson for fifty dollars; that Lncy Proffitt conveyed her interest also to defendant; and that this portion,…
1Opinion of the CourtEwing, Judge
Waste is defined to be the destruction of such things on the land by a tenant for life or years as are not included in its temporary profits. In other words, it consists in such acts as tend to the permanent loss of the owner in fee, or to destroy or lessen the value of the inheritance. (1 Hill, on Real Prop. 261.) The American doctrine on the subject of waste, observes Chancellor Kent, is somewhat varied from the English law, and is more enlarged and better accommodated to the circumstances of a new and growing country. In England the destruction of timber carries with it the idea of a…
2Cited by16 opinions
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Poole v. Union Trust Co.Michigan Supreme Court · 1916
- Joslyn v. StateIndiana Supreme Court · 1891
- McClure v. PeopleSupreme Court of Colorado · 1900
- Knowles v. MooreMissouri Court of Appeals · 1981
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